Handout
Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110)
All records and communications shall be confidential and shall not be disclosed except as provided in this Act. (70 ILCS 110/3a)
What does the Confidentiality Act cover?
1. Any private, personal, confidential information you receive from a consumer during the course of service.
2. Information that a consumer tells you and written information you might receive about a consumer.
3. Any record kept by the agency regarding the provision of mental health services.
The infamous confidentiality response:
“I can neither confirm nor deny that this person is a consumer.”
The Confidentiality Act is very complex and covers many specific circumstances. As a basic rule of thumb, if you aren’t sure whether someone should have access to confidential information, always assume they do NOT and check with your supervisor.
Who can look at records?
1. Consumer - if twelve years of age or older
2. Parent or guardian of a consumer under twelve
3. Another person on the consumer’s behalf if consumer gives written permission
4. Parent or guardian of consumer who is at least 12 but under 18, if the consumer gives written consent and if
the therapist does not find there are compelling reasons for denying such access
5. The guardian of an adult consumer
6. The Institute for Juvenile Research and the Institute for the Study of Developmental Disabilities
Emergency situations
An emergency is when someone lets you know they might hurt themselves or someone else. In these situations, you should call the crisis line immediately and you should tell the crisis worker that the consumer has said they may hurt someone.
Releases of information
Use releases to obtain written permission to share information with other agencies, friends or family members of the consumer (not yours), landlords, employers, etc.
What is a release of information?
1. Provides WRITTEN permission from consumer to tell a particular person/agency certain information
2. MUST BE IN WRITING
3. MUST BE IN WRITING
4. If it isn’t in writing, you weren’t given permission!
5. Every consent must have all of the following:
a. The person or agency to whom disclosure is to be made
b. The purpose for which disclosure is to be made
c. The nature of information to be disclosed
d. The right to inspect and copy the information to be disclosed
e. The consequences of a refusal to consent, if any
f. The CALENDAR DATE on which the consent expires - if no date, it is good only on the date received.
g. The right to revoke consent at any time
h. Signature of consumer and date
i. Signature of witness and date
6. Make a note in the record whenever you obtain a release of information, and whenever you release information about the consumer
Unintentional violations
1. Computers
2. Notes and other papers on your desk, in your car
3. Telephone conversations - incoming calls during interviews, privacy for all calls
4. Interviews with consumers
5. Office conversations
6. Remarks to other consumers
7. In the presence of “invisible people” (repair people, secretaries, delivery people, etc.)
If a co-worker violates confidentiality:
1. Interrupt
2. Talk with co-worker
3. Discuss with supervisor
Penalties for violations of confidentiality
1. Any person who knowingly and willfully violates any provision of the Act is guilty of a Class A
Misdemeanor. (Sect. 16)
2. Any person aggrieved by a violation of the Act may sue for damages, an injunction, or other appropriate relief. Reasonable attorney’s fees and costs may be awarded to the successful plaintiff in any action under the Act. (Sect. 15)
SAMPLE RELEASE
-
Authorization For the Release of
Medical Records/Information
Patient Number Name-First-Last ______
No. & Street______
City & State______
Date of Birth______
(Recipient of Services under Mental Health and
Development Disabilities Confidentiality Act)
Clinic or Floor Date:
I, ______, born ______
(Patient’s Name) (Date of Birth)
______
(Street Address) (City) (State) (Zip)
do hereby authorize ______to release to
______
(Name of Individual/Organization Receiving Record)
______
(Address) (City) (State) (Zip)
(Check Appropriate Items)
Complete Record
Abstract (Face sheet, history and physical, operative report, discharge summary, consult)
Diagnoses
Surgical (operative report, pathology report)
Test results (lab, radiology, cardiology, neurophysiology, respiratory)
Psychiatric and/or substance abuse evaluations and treatment
Aids and/or aids related diagnoses, evaluations and treatment
Therapy notes (physical, occupational, speech, chemo, radiation)
Clinic visit notes
Other
for the following dates of treatment: ______
Nature of Information (inpatient/outpatient/service dates - list any limitations)
______
Purpose of Disclosure:______
I understand that I may revoke this consent at any time.
I understand I have the right to inspect and copy information to be disclosed.
I understand that if I refuse to consent to this release of information the following are the consequences (specify, if any): ______
This consent is valid until: ______
(Date)
Patient Signature (age 12 and over)______(Date)______
______
(Parent’s or Legal Guardian’s Signature)
Prohibition on Redisclosure
Federal regulations may prohibit you from making any further disclosure of this information except with the specific written consent of the person to whom it pertains.
I, the undersigned witnessed the signature(s) above and can attest to the identity of the consenting person(s)